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15-020 1 ORDINANCE NO. 15 -020 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART III , LAND DEVELOPMENT REGULATIONS, 5 CHAPTER 2, LAND DEVELOPMENT PROCESSES, ARTICLE I, 6 SECTION 5.D.2.C. REMOVING THE GREEN BUILDING FEE 7 CALCULATION AND INCORPORATING IT INTO THE BUILDING 8 DIVISION FEE SCHEDULE; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10 11 WHEREAS, staff is recommending the amend the Green Building Program 12 section of the Land Development Regulations removing the specified Green Building fee 13 calculation and incorporating it into the Building Division fee schedule to be consistent 14 with other parts of the Land Development Regulations setting fees; and 15 WHEREAS, the City Commission has determined that it is in the best interest of 16 the citizens of the City to be consistent with the Land Development Regulations setting 17 fees. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF BOYNTON BEACH, FLORIDA that: 20 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 21 confirmed by the City Commission. 22 Section 2. Chapter 2, Article I, Overview, of the Land Development Regulations, is 23 hereby amended by adding the words and figures in underlined type, as follows: 24 CHAPTER 2, ARTICLE I OVERVIEW: 25 26 Section 5. Green Building Program. 27 28 D Incentives. The City shall provide the following incentives to encourage the use 29 of this program and are hereby authorized: 30 31 2. Fees and Tax Incentives. 32 ... C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files \ Content. 1E5 \9155K2YF\Green_Building_Fee = _ordinance.doc 1 1 2 c. Green Building Fee. A Green Building Fee, herein referred to as 3 "Fee" is established to fund the implementation of this program and the 4 Fund. Upon the effective date of this ordinance, the—Fee shall be 5 established by incresing the building construction permit fccs in effect at 6 - - • -- - - . - . • - - - . • - _:Current fee schedules shall be 7 maintained and available to the public in the Development Department. 8 Fees shall be paid at the time each type of building construction permit is 9 issued, according to the fee schedule approved by the City Commission. 10 The Green Building Fee associated with the Green Building Program is 11 subject to amendment by resolution by the City Commission. 12 13 :.'. -_ . _.. ... • • - . - - . .. - •- 14 valuation. 15 16 17 Section 3. Should any section or provision of this Ordinance or any portion thereof be 18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 19 remainder of this Ordinance. 20 Section 4. Authority is hereby given to codify this Ordinance. 21 Section 5. This Ordinance shall become effective immediately. 22 FIRST READING this 4 day of August, 2015. 23 SECOND, FINAL READING AND PASSAGE this 18 day of August, 2015. 24 CITY OF BOYNTON BEACH, FLORIDA 25 26 YES NO 27 Mayor — Jerry Taylor �7 28 29 Vice Mayor — Joe Casello _,Z 30 31 Commissioner — David T. Merker ✓ 32 33 Commissioner — Mack McCray 34 35 Commissioner — Michael M. Fitzpatrick 1 36 37 38 VOTE 5-0 39 C:\ Users\ prainitojWppData \Local\Microsoft \Windows \Temporary Internet Files\ Content. 1E5 \9155K2YF\Green_Building_Fee_ - _Ordinance.doc 2 1 ATTEST: 2 3 • 4 .4• // Wi . • 5 J. • et M. Prainito, MMC 6 "ity Clerk 7 9 10 (• o: d=al) 11 . z • j 0 . a 12 oN C:\ Users\ prainitoj \AppData\Local\Microsoft\Windows \Temporary Internet Files\ Content. lE5 \9155K2YF\Green_BuildingFee_ - _Ordinance.doc 3